Reserch on Right of Way of Necessity Under the Sri Lankan Essay Example

The claim of a right of way of necessity is governed by the principle that the claiming should not exceed the actual necessity, established in South Africa's Peacock v. Hodges case. This principle applies to all cases, with determination based on fact and decided on a case-by-case basis as seen in Amarasuriya v.S.I. Perera. In this case, the plaintiff claimed a 10 feet wide cart-way right over defendants' land measuring almost 75 yards long for two reasons: living in a house on the land and owning a car purchased in 1930;and using carts to transport produce. Evidence showed that less than four years before initiating the lawsu